Trespass on the case

The form of action by which a person seeks to recover damages caused by an injury unaccompanied with force or which results indirectly from the act of the defendant. It is more generally called, simply, case. See Case. TRESPASS QUARE CLAUSUM FREGIT (Lat. quare clausum fregit, because he had broken the close). The form of action which lies to recover damages for injuries to the realty consequent upon entry without right upon the plaintiff’s land. Close means the interest a person has in any piece of ground, whether enclosed or not; when the plaintiff had not an interest in the soil, but an interest in the profits only, trespass may be maintained; 2 Wheat. Selw. [1340]. Mere possession is sufficient to enable one h&ving it to maintain the action; Gault v. Jenkins, 12 Wend. (N. Y.) 488; Branson v. Studabaker, 133 Ind. 147, 33 N. E. 98; Lang- (lon v. Templeton, 61 Vt. 119, 17 Atl. 839; except as against one claiming under the rightful owner; Harris v. Gillingham, 6 N. II. 9, 23 Am. Dec. 701; Webb v. Sturtevant, 2 Scam. (111.) 181; Richardson v. Murrill, 7 Mo. 333; Marks v. Sullivan, 8 Utah, 406, 32 Pac. 668, 20 L. R. A. 590; and no one but the tenant can have the action; Holmes v. Seely. 19 Wend. (N. Y.) 507; except in case of tenancies at will or by a less secure holding; Woodruff v. Halsey, 8 Pick. (Mass.) 3$3, 19 Am. Dec. 329. It cannot be maintained if defendant was in possession of the locus in quo at the time of the alleged trespass, and for some years before; Collins v. Beatty, 148 Pa. 65, 23 Atl. 982. See Close. The action lies where an animal of the defendant breaks the plaintiff’s close, to his injury; Dolph v. Ferris, 7 W. & S. (Pa.) 367, 42 Am. Dec. 246. “In trespass quare clausum fregit, it is immaterial whether the quantum of harm suffered be great, little, or unappreciable;” Whittaker v. Stangvick, 100 Minn. 386, 111 N. W. 295, 10 L. R. A. (N. S.) 921, 117 Am. St. Rep. 703, 10 Ann. Cas. 528; where it was held that shooting guns over another’s land was a wrong which, being planned to be repeated or continuous, would be prevented by injunction. As to damages as an essential in trespass. See Trespass. recovery of the possession of real property and damages for any trespass committed upon the same by the defendant TRESPASS VI ET ARM IS (Lat. with force and arms). The form of action which lies to recover damages for an injury which is the immediate consequence of a forcible wrongful act done to the person or personal property; Caldwell,v. Julian, 2 Mill, Const. (S. C.) 294. It is distinguished from case in this, that the injury in case is the indirect result of the act done. See Case.